Rayesha Bibi v. State Of West Bengal And ORS.

August 23, 2023 AD 12 Court No.14 SG WPA 20498 of 2023 Rayesha Bibi vs.

State of West Bengal and others .

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder ... for the petitioner Mr. Lalit Mohan Mahata, ld. AGP Mr. Rudranil De ... for the State This is an application under Article 226 of the Constitution of India praying for direction upon the respondent authorities to provide police protection for the security of the petitioner and her family members and properly investigate the FIR lodged by the petitioner. Report filed on behalf of the State is taken on record. Learned advocate representing the petitioner submits as follows. The petitioner is a winning candidate in the recent gram panchayat election for Alipur-II Gram panchayat within Kaliachak Police Station. In the panchayat, there was a tie between the ruling party and the opposition party. A toss was done and the petitioner was elected as a Pradhan.

In retaliation, ruling party attacked house of the petitioner, ransacked and looted away articles. The petitioner was constrained to lodge an FIR being Kaliachak Police Station Case No.1096/2023 dated 13.08.2023 under Sections 448/427/379/506/34 IPC and Sections 25(1-B)(a)/27 of Arms Act. None of the accused persons has been arrested yet.

being properly investigated. The local goons are still threatening and intimidating the petitioner and her family members.

Learned advocate for the State relies on the report and submits as follows. The allegations made in the writ petition are denied. The police case is being investigated and notices have already sent under Section 41A of the Code. As regards protection, police patrol regularly visits the place.

I have heard the submissions of the parties and perused the petition and report filed by the State. It appears that the police case is at the initial stage. Some time may be given to the investigating agency to take appropriate steps for investigation of the alleged offences.

Let the investigating officer conduct the investigation expeditiously and in accordance with law.

It appears that the petitioner has reasons to appreciate that some untoward incidents may take place in the locality.

The respondent police authorities shall keep the sharp vigil at the locale and ensure that no breach of peace takes place and no harm is done to the petitioner. In the event any such untoward incident is apprehended, the petitioner shall be at liberty to approach the local police station who shall take steps in accordance with law immediately thereafter.

With the aforesaid observations, WPA 20498 of 2023 is disposed of.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

[ Jay Sengupta, J. ]